Mark Miller

Senior Attorney Florida

Mark Miller, a PLF Senior Attorney, manages PLF’s Florida office in Palm Beach Gardens. Mark’s practice focuses on environmental law, property rights, administrative law, and the First Amendment.  CBS This Morning, Fox & Friends, The Wall Street Journal and National Public Radio (NPR) have all featured his work.

An expert in appellate practice, Thomson Reuters lists Mark as a Florida SuperLawyer, Florida Trend Magazine has described him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He serves on the Boards of Directors for Americans United for Life, the Martin County Legal Aid Society, Mary’s Shelter maternity home, and Florida’s Fourth District Court of Appeal Historical Society. He is a former president of the Martin County Bar Association. In 2018, Florida Governor Rick Scott appointed him to serve a four-year term as a member of Florida’s Fourth District Court of Appeal Judicial Nominating Commission; in 2019, Florida’s 19th Judicial Circuit Chief Judge Elizabeth A. Metzger appointed him to the circuit’s Professionalism Panel Executive Board.

He attended college and law school at the University of Florida, earning both diplomas with honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court, and he served as lead counsel for the family landowners in Weyerhaeuser v. U.S. Fish & Wildlife Service, an 8-0 win for the property owners before the nation’s highest court.

Erica Perez Perez v. Wayne County

Family fights home equity theft to protect the American Dream

Though Erica Perez and her family spent most of their lives in New Jersey, they had their sights set on Detroit to join their relatives who already lived there. In 2012, Erica and her father Romualdo bought a property containing a four-unit apartment building and a dilapidated single-family home in Detroit for $60,000. They spent three years fixing ...

Gundy v. United States

Congress must do its own job—make laws

The Constitution gives Congress the power to make laws, but not to delegate that power to the Executive Branch. Doing so allows unelected, unaccountable bureaucrats to make rules in violation of the Non-Delegation doctrine. In Gundy, the U.S. Supreme Court will review whether Congress violated the Non-Delegation doctrine by empowering the Attorney ...

Pacetta, LLC v. The Town of Ponce Inlet

Asking the Supreme Court to revive property rights protections

Urged by the town of Ponce Inlet, Florida, Lyder and Simone Johnson bought a number of land parcels and planned a new development through their business, Pacetta, LLC. Town leaders wanted the development so badly, they began revamping the town’s comprehensive land use plan, which would not have allowed the project at the time. But after an el ...

American Federation of Aviculture v. U.S. Fish and Wildlife Service

Thriving golden parakeets no longer need Endangered Species Act protection

Thanks to the efforts of private breeders, the golden parakeet is no longer threatened with extinction. Although the federal government acknowledges the bird’s tenfold increase in numbers, it has refused to comply with a law that requires it to make a final decision to delist or downlist the parakeet within 12 months of that finding. On behal ...

Weyerhaeuser/Markle v. U.S. Fish and Wildlife Service

Government-sanctioned private land grabs over absent animals are illegal

The U.S. Supreme Court opened its fall term on October 1, 2018, with the famous “frog case” out of Louisiana. That’s where federal regulators declared more than 1,500 acres of private land as a critical habitat for the dusky gopher frog—a species not seen in the state for more than 50 years. PLF client Edward Poitevent owns 95 p ...

Ganson v. City of Marathon, Florida

Florida decides couple’s land is for the birds

The Beyer family owns a 9-acre island off the Florida coast that was reclassified from a general zoning designation to a bird rookery that permitted no use of the property other than temporary camping. Instead of offering compensation for this taking of property, as required by the Fifth Amendment, the city offered the Beyers only transferable deve ...

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July 20, 2019

Edward Poitevent’s victory at Supreme Court is a win for property rights and government accountability

For years, Edward Poitevent and his family were forced to fight for their land. But now, the Pointevant’s are winners in their long-running national battle over property rights and the reach of the Endangered Species Act. Edward’s case, Weyerhaeuser v. U.S. Fish and Wildlife Service, was the infamous "phantom frog" case. It centered aro ...

June 20, 2019

In imperfect Gundy decision, Supreme Court opens door to strengthen separation of powers

Today the Supreme Court of the United States opened the door for future cases that might restore a separation of powers doctrine called the nondelegation principle. In the decision on the Supreme Court case Gundy v. United States, a plurality of four justices and a conditional vote by Justice Alito together concluded that, under the ...

April 01, 2019

The Hill: To improve environmental protection, give states more skin in the game

This article was originally published in The Hill on April 1, 2019.  President Trump's budget proposal for the coming fiscal year calls for a significant reduction in funding for the U.S. Army Corps of Engineers. In this respect, Trump is a lot like his predecessor — the Obama administration also sought cuts to the Corps's bloated construc ...

December 03, 2018

The Advocate’s take on gopher frog case misses mark

Originally published by The Advocate, December 3, 2018. The Advocate's Nov. 28 analysis of the recent unanimous Supreme Court decision in the St. Tammany Parrish private property rights dispute comes close but misses the mark. The editors, unfortunately, put the emphasis on a frog that does not even live in Louisiana while failing to properly ...

October 25, 2018

This road to the Supreme Court goes through the U-P

This week Pacific Legal Foundation filed its latest Petition for Writ of Certiorari at the Supreme Court challenging agency overreach in a case known as Marquette County Road Commission v. EPA. In this case, we take on the EPA’s 2012 decision to veto a road project in Michigan that would have improved the economy and ...

October 22, 2018

Supreme Court given another opportunity to rein in regulatory state

Originally published by The Hill, October 22, 2018. Federal courts have taken welcome steps in recent years to rein in the runaway regulatory state. Too often executive agencies charged with applying the laws as written by Congress have done so in ways unsupported by the text of those laws. In response, the courts have stepped ...

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